United States Second Circuit

Conviction and sentence for various offenses involving the distribution of controlled substances and health care fraud related to defendant's medical practices is reversed and remanded in part where: 1) under the buyer-seller rule, the lack of evidence warranted a judgment of acquittal as to a charge of conspiracy to distribute controlled substance that resulted in death; and 2) the sentencing terms might have been different based on defendant's acquitted charges.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• Before:  MINER and RAGGI, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Diarmuid White (Brendan White, on the brief), White & White, New York, NY, for Defendant-Appellant., Jonathan Kolodner, Assistant United States Attorney, (Michael Garcia, United States Attorney for the Southern District of New York), New York, NY, for Appellee.